1. The county's program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person's use or abuse of alcohol or other drugs.
2. The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.
3. The program establishes eligibility criteria for a person's participation. The criteria shall specify that a violent offender is not eligible to participate in the program.
4. Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health and family services, and the program provides intensive case management.
5. The program uses graduated sanctions and incentives to promote successful substance abuse treatment.
6. The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and increase the payment of other court-ordered obligations.
7. The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication among a participant's substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person's compliance with his or her obligations under the program and any probation, extended supervision, and parole agent assigned to the participant.
8. The program provides substance abuse and mental health treatment services through providers that are certified by the department of health and family services.
9. The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.
10. The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections and health and family services, private social services agencies, and substance abuse treatment providers.
11. The county complies with other eligibility requirements established by the office to promote the objectives listed in subds. 1. and 2.
(d) In implementing a program that meets the requirements of par. (c), a county department may contract with or award grants to a religious organization under s. 59.54 (27).
(e) 1. A county that receives a grant under this subsection shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.
2. A county that receives a grant under this subsection shall comply with state audits and shall submit an annual report to the office and to the oversight committee created under subd. 1. regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in par. (c) 2. and 6.
(f) Two or more counties may jointly apply for and receive a grant under this subsection. If counties submit a joint application, they shall include with their application a written agreement specifying each county department's role in developing, administering, and evaluating the program. The oversight committee established under par. (e) 1. shall consist of representatives from each county.
(g) Grants provided under this subsection shall be provided on a calendar year basis beginning on January 1, 2007. If the office decides to make a grant to a county under this subsection, the office shall notify the county of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.
(h) The office shall assist a county receiving a grant under this subsection in obtaining funding from other sources for its program.
(i) The office shall inform any county that is applying for a grant under this subsection whether the county meets the requirements established under par. (c), regardless of whether the county receives a grant.
(j) The office shall enter into one or more contracts with another person for the purpose of evaluating the grant program established under this subsection. The office shall fund such contracts from moneys appropriated under s. 20.505 (6) (b) and (ku) with 1 percent of the amount awarded as grants under par. (b).
(k) By December 31, 2011, the office, in collaboration with the departments of corrections and health and family services, shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3), regarding savings that have been generated through the implementation of the grant program. The report shall also include recommendations regarding how the grant program should be structured in the future.".
2.
Page 341, line 17: after that line insert:
"SECTION 327m. 20.435 (6) (gb) of the statutes is amended to read:
20.435 (6) (gb) Alcohol and drug abuse initiatives. All moneys received under s. 961.41 (5) (c) 1., to be expended on programs providing prevention, intervention, and treatment for alcohol and other drug abuse problems.".
3.
Page 365, line 16: after that line insert:
"SECTION 414m. 20.505 (6) (b) of the statutes is created to read:
20.505 (6) (b) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs. The amounts in the schedule for making grants to counties under s. 16.964 (12) (b) and entering into contracts under s. 16.964 (12) (j).".
4.
Page 365, line 21: after that line insert:
"SECTION 416m. 20.505 (6) (ku) of the statutes is created to read:
20.505 (6) (ku) Grants for substance abuse treatment programs for criminal offenders. All moneys received under s. 961.41 (5) (c) 2. or 973.043 for the purpose of making grants to counties under s. 16.964 (12) (b) and entering into contracts under s. 16.964 (12) (j).".
5.
Page 456, line 15: after "973.046" insert ", the drug offender diversion surcharge under s. 973.043,".
6.
Page 1004, line 25: after "973.046" insert ", the drug offender diversion surcharge under s. 973.043,".
7.
Page 1007, line 20: after "973.046," insert "the drug offender diversion surcharge under s. 973.043,".
8.
Page 1007, line 22: after "disbursements." insert "The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.".
9.
Page 1008, line 3: delete "and" and substitute "and".
10.
Page 1008, line 3: delete "and".
11.
Page 1008, line 4: after "973.046," insert "and the drug offender diversion surcharge under s. 973.043,".
12.
Page 1008, line 5: after that line insert:
"SECTION 2233m. 302.43 of the statutes is amended to read:
302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (j).".
13.
Page 1008, line 17: after "law." insert "The department may also distribute earnings for the drug offender diversion surcharge under s. 973.043, but only if the inmate or resident has first provided for the reasonable support of his or her dependents.".
14.
Page 1008, line 18: after that line insert:
"SECTION 2236m. 303.01 (8) (c) 8. of the statutes is created to read:
303.01 (8) (c) 8. Payment of the drug offender diversion surcharge under s. 973.043.".
15.
Page 1008, line 25: after that line insert:
"SECTION 2241m. 303.065 (5) (cm) of the statutes is created to read:
303.065 (5) (cm) Payment of the drug offender diversion surcharge under s. 973.043.".
16.
Page 1047, line 18: after that line insert:
"SECTION 2449m. 814.75 (11) of the statutes is created to read:
814.75 (11) The drug offender diversion surcharge under s. 973.043.".
17.
Page 1047, line 21: after that line insert:
"SECTION 2450m. 814.76 (9) of the statutes is created to read:
814.76 (9) The drug offender diversion surcharge under s. 973.043.".
18.
Page 1053, line 3: after that line insert:
"SECTION 2467c. 961.41 (5) (a) of the statutes is amended to read:
961.41 (5) (a) When a court imposes a fine for a violation of this section, it shall also impose a drug abuse program improvement surcharge under ch. 814 in an amount of 50% 75 percent of the fine and penalty surcharge imposed.
SECTION 2467d. 961.41 (5) (c) of the statutes is renumbered 961.41 (5) (c) 1. (intro.) and amended to read:
961.41 (5) (c) 1. (intro.) All of the following moneys collected from drug surcharges under this subsection shall be deposited by the secretary of administration in and utilized in accordance with credited to the appropriation account under s. 20.435 (6) (gb).:
SECTION 2467e. 961.41 (5) (c) 1. a. of the statutes is created to read:
961.41 (5) (c) 1. a. For fiscal year 2005-06, all of the first $1,038,600 collected from drug surcharges under this subsection during that fiscal year plus two-thirds of all moneys collected in excess of $1,528,600 from drug surcharges under this subsection during that fiscal year.
SECTION 2467f. 961.41 (5) (c) 1. b. of the statutes is created to read:
961.41 (5) (c) 1. b. For fiscal year 2006-07, all of the first $1,044,300 collected from drug surcharges under this subsection during that fiscal year plus two-thirds of all moneys collected in excess of $1,534,300 from drug surcharges under this subsection during that fiscal year.
SECTION 2467g. 961.41 (5) (c) 1. of the statutes, as affected by 2005 Wisconsin Act .... [this act], is repealed and recreated to read:
961.41 (5) (c) 1. Two-thirds of all moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.435 (6) (gb).
SECTION 2467i. 961.41 (5) (c) 2. of the statutes is created to read:
961.41 (5) (c) 2. All of the following moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku):
a. For fiscal year 2005-06, all of the moneys collected in excess of $1,038,600 from drug surcharges under this subsection during that fiscal year until the first $1,528,600 has been collected plus one-third of all moneys collected in excess of $1,528,600 from drug surcharges under this subsection during that fiscal year.
b. For fiscal year 2006-07, all of the moneys collected in excess of $1,044,300 from drug surcharges under this subsection during that fiscal year until the first $1,534,300 has been collected plus one-third of all moneys collected in excess of $1,534,300 from drug surcharges under this subsection during that fiscal year.
SECTION 2467k. 961.41 (5) (c) 2. of the statutes, as created by 2005 Wisconsin Act .... [this act], is repealed and recreated to read:
961.41 (5) (c) 2. One-third of all moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku).
SECTION 2467m. 961.472 (5) of the statutes is repealed and recreated to read:
961.472 (5) The court is not required to enter an order under sub. (2) if any of the following applies:
(a) The court finds that the person is already covered by or has recently completed an assessment under this section or a substantially similar assessment.
(b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i).
SECTION 2467p. 967.11 of the statutes is created to read:
967.11 Alternatives to prosecution and incarceration; monitoring participants. (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i).
(2) If a county establishes an approved substance abuse treatment program and the program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.
SECTION 2467s. 973.032 (6) of the statutes is amended to read:
973.032 (6) CREDIT. Any sentence credit under s. 973.155 (1) or (1m) applies toward service of the period under sub. (3) (a) but does not apply toward service of the period under sub. (3) (b).
SECTION 2467x. 973.043 of the statutes is created to read:
973.043 Drug offender diversion surcharge. (1) If a court imposes a sentence or places a person on probation for a crime under ch. 943 that was committed on or after the first day of the 3rd month beginning after the effective date of this subsection .... [revisor inserts date], the court shall impose a drug offender diversion surcharge of $10 for each conviction.
(2) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.
(3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) and used for the purpose of making grants to counties under s. 16.964 (12).
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the drug offender diversion surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.".
19.
Page 1054, line 15: after "full," insert "shall then be applied to the drug offender diversion surcharge until paid in full,".
20.
Page 1055, line 21: after that line insert:
"SECTION 2475g. 973.155 (1) (b) of the statutes is amended to read:
973.155 (1) (b) The categories in par. (a) and sub. (1m) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.
SECTION 2475m. 973.155 (1m) of the statutes is created to read:
973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i) for any offense arising out of the course of conduct that led to the person's placement in that program.